January 19, 2025 1:15 am

Possession of 1 kg heroin – Commercial quantity – Quantity of substance with which an accused is charged is a relevant factor, which can be taken into consideration while fixing quantum of the punishment.

Bysclaw

Apr 10, 2021

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By sclaw

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Under the NDPS Act, while vehicles used in drug offenses can be confiscated, there is no explicit bar to their interim release, and courts can use Sections 451 and 457 of the Cr.P.C. to release vehicles on superdari, especially when the owner is not an accused and conditions are met

Jan 11, 2025 sclaw

“Divided Verdict in Narcotics Case: One Conviction Upheld, Another Overturned Due to Procedural Lapses” Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 42, 50 and 67 – The appeals arise from a common judgment by the Gujarat High Court, dismissing appeals against a trial court’s conviction of the appellants under the NDPS Act for possession of narcotics – The main issues revolve around the compliance with mandatory procedures of the NDPS Act during the search and seizure, and the admissibility of confessional statements under Section 67 of the NDPS Act – The appellants contend non-compliance with Sections 42 and 50 of the NDPS Act, questioning the seizure procedure and the reliability of witnesses – The NCB argues that the procedures were followed correctly, the witnesses are reliable, and there was no motive to falsely implicate the appellants – The Court dismissed Anwarkhan’s appeal, upholding his conviction, while allowing Appellant’s appeal, acquitting him due to insufficient evidence and doubts about the seizure procedure – The Court found the evidence against Anwarkhan convincing but had reservations about the evidence against Appellant, particularly the identification and the admissibility of his confessional statement – The Court applied the principles from the case of Tofan Singh v. State of Tamil Nadu, which ruled that confessional statements under Section 67 of the NDPS Act are not admissible as evidence – Anwarkhan’s conviction stands, while Appellant is acquitted and his bail bonds discharged. The Court directed Anwarkhan to surrender to serve the remaining sentence.

May 5, 2024 sclaw

Acquittal Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 29 read with 20(b)(ii)(c) and 25, 67, 41 to 44 – The court discussed the applicability of Section 67 statements and the compliance with Sections 41 to 44 of the NDPS Act – By virtue of the decision in Tofan Singh, the benefit is to be granted to the appellants herein in regard to the inadmissibility of their statements under Section 67 of the NDPS Act 1985 – These appeals are allowed by setting aside the impugned judgment of the High Court as well as that of the Trial Court – The appellants are acquitted of the charges framed against them by giving benefit of doubt.

Apr 14, 2024 sclaw

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Jan 12, 2025 sclaw